156 N.C. App. 409 - Foley v. Foley’s Empirical Analysis

Citation profile

37 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) This State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding, and the child is absent from this State but a parent or person acting as a parent continues to live in this State; (2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under G.S. 50A-207 or G.S. 50A-208, and: a. The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and b. Substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships; (3) All courts having jurisdiction under subdivision (1) or (2) have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under G.S. 50A-207 or G.S. 50A-208; or (4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3).”

   8 later decisions quote this exact passage
   e.g. In Re MG · In re J.B.

2. “the trial court's sole basis for exercising subject matter jurisdiction is erroneous, we may review the record to determine if subject matter jurisdiction exists in [the] case.”

   3 later decisions quote this exact passage
   e.g. In Re MG · 187 N.C. App. 536 - In re M.G.

3. “) as enacted in North Carolina. See In re Brode, 151 N.C.App. 690, 692-94 , 566 S.E.2d 858, 860-61 (2002). The UCCJEA is a jurisdictional statute, and the jurisdictional requirements of the UCCJEA must be met for a court to have power to adjudicate child custody disputes. The PKPA is a federal statute also governing jurisdiction over child custody actions and is designed to bring uniformity to the application of the UCCJEA among the states. Foley v. Foley, 156 N.C.App. 409, 411 , 576 S.E.2d 383, 385 (2003).”

   2 later decisions quote this exact passage
   e.g. Walz v. Walz · 185 N.C. App. 393 - Williams v. Walker